Opinion
September 27, 1984
Appeal from the County Court of Albany County (Harris, J.).
The underlying facts of this case may be found in our earlier decision in People v Stanton ( 96 A.D.2d 652), where we affirmed defendant's probation violation but remitted the matter to County Court for resentencing due to that court's failure to obtain a new presentence report prior to imposing sentence. After review of a new presentence report recommending a maximum period of incarceration, defendant was resentenced to a term of 2 1/3 to 7 years' imprisonment. Defendant now contends the sentence is harsh and excessive, but fails to indicate any extraordinary circumstances to demonstrate that further leniency is warranted. Instead, defendant simply argues that the sentence was an exercise in retribution. The contention is meritless. In our view, County Court did not abuse its discretion by imposing a sentence for the underlying crime of grand larceny in the second degree within the scope of the applicable statutory guidelines (Penal Law, § 70.00, subd. 2, par [d]; subd. 3, par [b]; People v Miller, 74 A.D.2d 961, application for lv. to app den. 50 N.Y.2d 1003).
Judgment affirmed. Mahoney, P.J., Kane, Casey, Weiss and Yesawich, Jr., JJ., concur.